Lease is until 3/2025. I don’t want to evict them due to divorce and having to split assets.
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answered on Jun 30, 2023
The contractual right to receive rents will be marital property, which must be addressed specifically in the Divorce. Dealing with tenants, evictions, maintenance, and any other rental duty, must be expressed in clear terms as to who has authority and the duty. Also a potential term should be... View More 
He did not serve me properly. He filed in the wrong court. Yet the judge took it anyways. What do I do now? This shouldn't of been in Civil court at all. The judge in the appeal court never heard any of my testimony. Nor looked at any of my documents. I'm not sure if my attorney even... View More
answered on Jun 26, 2023
If you are currently represented by your original lawyer, you must seek advice from that person. There may be answers in response to your concerns and an appropriate course of action. If you seek new counsel, much more information is necessary. A new lawyer will need to review all documents and... View More
Tuscaloosa Court House but she did not redeed it to him. There is only one sibling left and now she wants to sell the house, what can I do as the widow of the son. Does the house belong to me?
answered on Jul 4, 2023
This is a complex question. A stated intent is not enforceable. In probate and real estate law, written and notarized documents, i.e., deeds and wills, rule.
If the person whose name is on the deed as owner of the property died without a will, then the property is ruled by the laws of... View More
I am not sure if they can do this or if it would be good for me to sign for the conversion. Thanks.
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answered on Jun 8, 2023
That means you have a Lease With Option To Purchase, and own nothing. A Deed to you with a Vendor's Lien on it means you own it subject to a Lien, which needs to be complied with and released of record upon satisfaction. If you do not pay, Lienor can execute on property. You might want a... View More
I am purchasing my home with a Contract for deed for the last 4 years. Received an email today from seller wanting to change my Contract for deed to a Vendor's lien deed. What does this mean for me?
answered on Jun 7, 2023
Without being able to read minds, my best guess is property taxes. With a contract for deed, you don't own the property and therefore are not responsible to pay the property taxes. Of course, you are running a huge risk that the owner ultimately won't transfer title, or that the owner... View More
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answered on May 26, 2023
Wife can convey her title interest to her Husband anytime prior to foreclosure, but it is still subject to the secured mortgage debt. It would be another reason for the noteholder to foreclose.
Bob owns a 7 acre parcel. Bob and Betty jointly own an adjacent 14 acre parcel. Bob and Betty bought a mobile home and placed it on the parcel Bob owns. They jointly signed a mortgage for $70,000, pledging the two parcels as security. The mobile home became a part of the 7 acre property as an... View More
answered on May 16, 2023
There is no right or wrong answer. It depends on what the parties agree to.
But, if they sell the 7 acre parcel with the mobile home, the presumably will get more because of the value the mobile home adds. Unless they’ve not kept the mobile home in good repair, one would assume the... View More
I have a copy of my final divorce decree and a judgment for $40,000. Will I be able to collect his equity in his property if I put a lien on his property. On what was his park property
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answered on May 3, 2023
You should have already recorded a certified copy of the Judgment with the Judge of Probate Office. It will be a junior lien and subject to extinction from the first lien's foreclosure. Obtaining the surplus is doubtful, and you also have a claim against his Estate if there is one to file in.
Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which... View More
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answered on May 2, 2023
If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.
You may want... View More
to get our part. The house and 5 acres is what is left. I took care of my mother and moved in with her until her passing. I have lived there and my brother has trailer on the 5 acres along with his son who bought out another grandchild part. So I still have my part but am being told that my brother... View More
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answered on Apr 10, 2023
If you are a tenant in common, then you own an undivided interest. And any possessory/ejectment proceedings will be dismissed. But it sounds like you should hire an AL attorney to search the Title and determine exact ownership now, prior to any suit against you. A Partition Action might be in... View More
answered on Apr 7, 2023
That will what your executed listing agreement that you have with your broker provides for and allows.
My husband and I live in FL. I want to buy a vacation house in AL. Does he have to be on deed?
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answered on Feb 20, 2023
No, you can own it individually.
people whose names on the deed are both deceased. There was no will reading, no one truly knew who it went to. It was sold recently by a family member without telling others, and then resold two weeks later to someone else.
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answered on Feb 13, 2023
The actual Heirs need an AL attorney now to file suit for Ejectment. It will be difficult and expensive but the alternative is losing the property forever very quickly. A Title Search should be performed first so that all interested parties are sued.
We have made monthly payments, including homeowners and have been paying property tax. The only paperwork we signed was promissory note and vendor's lien deed. The vendor's lien does say the grantor was to have filed deed with the courthouse. Now we are finding that potentially this was... View More
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answered on Feb 10, 2023
Was this transaction (if a "purchase") conducted with a title company? If so you might have a claim under the title insurance and potentially the seller.
However, from the sounds of it - you still owe the original owner for the purchase of the property (If I am reading the... View More
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answered on Jan 11, 2023
Did you receive a Deed? No cause of action if a Quit Claim Deed. If a Warranty Deed, then demand or sue the seller for him to get title. When he does it immediately inures to your benefit because of After Acquired Title/ Estoppel By Deed under one of the four covenants of title. If no Deed... View More
answered on Nov 21, 2022
Tax liens can be handled in various ways throughout the State of Alabama. Because I do not know the county or city that you are in I cannot tell you which set of rules that your lien follows. It is very possible that you have a right to possession after purchasing the property at a tax sale but it... View More
Lived on property for 27 years I purchased the mobile home from individual that was on private lot I did pay a lot rent fee 75 a month to who I was made to me believe was the rightful owner but after 17 or so years I find out she has not owned the property since two years before me movin in so... View More
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answered on Nov 7, 2022
Has an Ejectment action been filed? If so, then you must hire a competent AL attorney now to file an Answer and defend you. If no suit, you may be able to shore up your claim of ownership, with or without color of title.
We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?
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answered on Oct 10, 2022
No.... Go see the attorney in person. But first determine if he represented you in the first place. If not, you may have a problem with the buyer.
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answered on Sep 13, 2022
No You may want to check the Probate File at Court. It sounds like the wife is an Administratrix/Executrix.
I am providing a tenant notice to pay rent within 7 buisness days.
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answered on Sep 13, 2022
No, you have to sue for possession and get a Judgement first.
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